A John Jay "Natural Born Citizen" Means ONLY One Thing

A John Jay "Natural Born Citizen" Means ONLY One Thing

This post is modified with corrections from a similar post that was posted on Mario Apuzzo's blog on January 3, 2015 at 10:53 PM.

>> http://puzo1.blogspot.com/2013/07/the-constitution-rule-of-law-and.html?commentPage=16

<<>>

In the original of this comment on Mario's blog on Jan. 3, 2015, I mentioned that Mario has the etiological (origin, reason) history and the teleological (aim, purpose) history of "natural born Citizen" under control, and, almost eight years later, since December 2008 when he started his Natural Born Citizen blog, absolutely nobody has refuted his common sense definition of an "nbC" as a child ONLY born on U.S. soil ONLY to U.S. citizen parents, plural, or, as the 1875 Minor v. Happersett Court decision has it, "it was never doubted that all children born in a country of parents who were its citizens became, upon their birth, citizens also."

Those neo-birthers who do try to refute Mario try to do so by starting with the lack of clarity in the "nbC" phrase since 1787, and then some assert that they are definitely sure that BHObama is an Article II Section 1 Clause 5 "nbC" because he was simply born naturally to at least one U.S. citizen parent on U.S. soil, while other neo-birthers assert that they are also absolutely sure that any child born naturally is an A2S1C5 "nbC" if born to zero U.S. citizen parents on U.S. soil (Sen. Marco Rubio, Gov. Bobby Jindal, Gov. Nikki Haley), while still others assert that they are also absolutely clear that any child born naturally is an A2S1C5 "nbC" if born on foreign soil to at least one U.S. citizen parent (Sen. Ted Cruz).

So, not being a lawyer like Mario, Leo Donofrio and others, or a law school or legal foundation affiliated constitutional scholar like "dual-U.S./foreign-citizenship-by-birth-to-only-one-U.S.-citizen-parent-is -good-'nuf-for-POTUS-eligibility" neo-birthers such as Larry Solum, William Jacobson, Jack Maskel, Rob Natelson, Mark Levin, Randy Barnett, etcetra, etcetra, etcetra, there are sooooooooo many etcetra, below is my normal person's articulation of the original intent meaning of "natural born Citizen" as John Jay may have clarified it if he had been asked by 1787 "nbC" new meaning neo-birthers, but he never was asked because "nbC" new meaning neo-birthers did not exist in 1787. It is the POTUS eligibility debate in a nutshell as I see it in my short two year 8 month [two year 10 month] study, as of January 3, 2015 three year 7 month study as of October 5, 2015, of the "nbC" issue since May 1, 2012 March 1, 2012 when Sheriff Joe Arpaio and his lead investigator Lt. Mike Zullo had the Cold Case Posse news conference about Obama's fraudulent birth certificate posted on OUR federal government website.

Randy Barnett* has a brief look at John McGinnis and Mike Rappaport’s book Originalism and the Good Constitution.

"A very problematic paragraph appears on page 8. Here it is in its entirety:

'More recently, a new form of originalism, which we call constructionist originalism, has arisen in response to this critique of original public meaning. Constructionist originalists argue that interpreters are bound by the Constitution’s original meaning only when it is clear. ...

'When a provision is ambiguous or vague, interpreters may resort to nonoriginalist materials to determining the Constitution’s meaning. But constructionist originalism raises its own difficulties because it significantly reduces the scope of originalism.

'Indeed, some theorists have questioned whether constructionist originalism’s embrace of nonoriginalist methods to resolve ambiguity and vagueness does not largely collapse originalism into living constitutionalism.

'Constructivist originalism also leaves unanswered the question of what replaces originalism when originalism does not apply.' "

* ( http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/23/off-to-a-bad-start-originalism-and-the-good-constitution/ )

The relevance of Barnett's quote from McGinnis's and Rappaport's book is contained in the second sentence, "When a provision is ambiguous or vague, ..."

Well, the obvious question is was John Jay ambiguous or vague?

George Washington and the founders, framers and ratifiers of Article II Section 1 Clause 5 and "natural born Citizen" did not think so. Although in the first Congress of Washington's first administration some misapplied Jay's original intent in the 1790 Naturalization Act when they passed the Act that identified a child as "considered" ("considered" is a "positive law" word in a positive law statute, NOT a "natural law" word in a positive law statute) to be a "natural born Citizen" if born on foreign soil to U.S. citizen parents, plural. Under James Madison's guidance in the third Congress of Washington's second administration, the "considered to be an nbC" misapplication was corrected in the 1795 Naturalization Act when the Act was passed with the clarification that a child was only a "citizen" ("citizen" is a "positive law" word in a positive law statute) if born on foreign soil to U.S. citizen parents, plural.

If there's anything that is not correct in the items listed below, maybe John Jay original genesis original intent birthers can correct the error, or simply amplify the accuracy of my clarification. The "nbC" new meaning neo-birthers may not care to engage, but, who knows, they may, since Obama ONLY has one U.S. citizen parent and so "dual-U.S./foreign-citizenship-by-birth-to-only-one-U.S.-citizen-parent-is-good-'nuf-for-POTUS-eligibility" MUST be accurate and true from September 17, 1787, generation to generation, election to election, POTUS to POTUS. Right?

Here are the multiple neo-birther meanings to choose from compared to the single John Jay original genesis original intent meaning.

John Jay Single Original Genesis Original Intent Meaning of "natural born Citizen"

(1) ONLY singular U.S. citizenship
(2) ONLY birth on U.S. soil
(3) ONLY by birth to two U.S. citizen married parents
(4) ONLY married to each other
(5) ONLY married before their child is born

Neo-birther Multiple New Meanings of "natural born Citizen"

(1) EITHER U.S. citizenship
(2) OR foreign citizenship
(3) EITHER birth on U.S. soil
(4) OR birth on foreign soil
(5) EITHER birth to two U.S. citizen parents
(6) OR birth to one U.S. citizen parent
(7) OR birth to zero U.S. citizen parents
(8) EITHER married OR not married to each other
(9) EITHER before OR after their child is born on U.S. soil

The ultimate question for an Article V convention of the "several states" legislatures to amend Article II Section 1 Clause 5 of the U.S. Constitution and clarify the meaning of "natural born Citizen" is very simple: to maintain the perpetual "...more perfect Union" of America as expressed by the 1787 WE the People, and which President Lincoln clarified in his first inaugural address in 1861*, which "original intent" meaning of "natural born Citizen" will the American people choose for their own "natural born Citizen" children?

It's time to choose.

* See section #27: Do we ALL want Clarity about the Meaning of "natural born Citizen" to Preserve the Perpetual "Union" of America? ( OriginalBirtherDocument.blogspot.com )

All that the "dual-U.S./foreign-citizenship-by-birth-on-U.S.-soil-OR-foreign-soil-to-two-OR-one-OR-zero-U.S.-citizen-parents-is-good-'nuf-for-POTUS-eligibility" new meaning neo-birthers need to do to refute the above paragraphs about ONLY singular U.S. citizenship is to cogently articulate why the lower hurdle of birth on U.S. soil OR foreign soil with DUAL citizenship with ONLY "one U.S. citizen parent" IS good 'nuf, and why the higher hurdle of ONLY singular U.S. citizenship ONLY by birth on U.S. soil with ONLY "two U.S. citizen married parents" is NOT the ONLY "original genesis original intent" of original birther John Jay and so John Jay's original intent meaning is NOT good 'nuf in 2000s America in determining who is "...eligible to the Office of President."

Simple. Right?

~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Since the 1787 "Union" of America
A John Jay "Natural Born Citizen" Means ONLY One Thing

The "higher hurdle" essence of John Jay’s clear and coherent
"original genesis original intent" IS simple:

1.

ONLY singular U.S. citizenship

2.
ONLY by birth on U.S. soil
3.
ONLY by birth to two U.S. citizen parents
4.
ONLY married to each other
5.
ONLY before their child is born

vs.

The "lower hurdle" essence of neo-birther's confusing and incoherent
"nbC" new meaning is NOT simple:

1.

Dual U.S./foreign citizenship

2.
birth on U.S. soil OR birth on foreign soil
3.
birth to two OR one OR zero U.S. citizen parents
4.
married OR not married to each other
5.
married before OR after their child is born
~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Art
U.S. Constitution: The Original "Birther" Document of the perpetual "Union"

The "perpetual Union" as clarified by Pres. Lincoln in his first inaugural address in 1861
See paragraph #14 at Bartleby.com ( http://www.bartleby.com/124/pres31.html )